CPAP Recall Class Action Lawsuit

The CPAP machine manufacturer Philips Respironics received several complaints regarding the presence of black debris and particles in the airpath circuit of some of its CPAP machines. Patients can breathe in or ingest these particles while using the machine. It is believed that these particulates are formed as the polyester-based polyurethane sound abatement foam inside the machines decomposes over time. Additionally, the degradation of the polyurethane foam, which is meant to make the machine quieter, leads to the emission of dangerous, carcinogenic, cancer-causing gases.

On June 30, 2021, the U.S. Food and Drug Administration (FDA) issued a safety communication to consumers about potentially dangerous CPAP and BiPAP machines manufactured by Philips Respironics that are used to treat sleep apnea.

Philips Respironics issued a recall for a number of its sleep and respiratory care devices, advising patients to stop using affected machines but to continue treatment for respiratory problems. It also noted that high heat and humidity environments can increase the degradation of the sound abatement foam.

On July 22, 2021, the FDA issued a Class 1 recall of numerous Philips Respironics sleep apnea machines, which is the most serious type of recall associated with devices that can cause serious injury or death. The FDA advised people to stop using the affected machines and to discuss alternative treatment options with their healthcare provider.

Now, a CPAP class action lawsuit has been filed, alleging that Philips CPAP machines cause lung injuries, including cancer. Plaintiffs allege that the carcinogenic particulates that can become dislodged through normal use can be inhaled or ingested by the user and increase their risk of developing lung and other cancers, pulmonary fibrosis, and other serious health conditions.

The Philips Respironics CPAP, BiPAP, and ventilators that are affected by the recall were manufactured between 2009 and April 26, 2021. They include the following models:

To qualify as part of the CPAP class action case, you must meet two eligibility criteria:

• You have or had one of the recalled CPAP machines, such as Philips Respironics DreamStation.
• You have one of the following conditions after using the CPAP machine for at least six months:
  • Pulmonary fibrosis or any other injury involving your respiratory system or diagnosis of a respiratory condition
  • Damage to your liver or kidney
  • Diagnosis of lung cancer, kidney cancer, liver cancer, or any other type of cancer stemming from the use of the CPAP machine

The potential side effects that users of the affected Philips CPAP machines may experience depend on whether they are exposed to the degraded foam or chemical emissions from the machine. Symptoms of degraded foam exposure may include:

Chemical emission exposure may cause:

If you were injured by one of the recalled sleep apnea machines identified above, you may be able to seek compensation for the following damages you sustained:

Our team can review the details of your claim and give you a better idea about the potential compensation available.